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2020 DIGILAW 1209 (ALL)

Rambhawan Nishad v. State of U. P.

2020-10-12

VIVEK KUMAR SINGH

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JUDGMENT : VIVEK KUMAR SINGH, J. 1. Counter affidavit filed on behalf of State, is taken on record. 2. Heard learned counsel for the applicant, Sri. Sanjay Singh, learned AGA-I for the State and perused the record. 3. The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. He is innocent and has no criminal antecedent, the said fact has been mentioned in para-15 to the affidavit filed in support of bail application. Learned counsel for the applicant submits that co-accused Amit Singh @ Fauji @ Amit Rai and Arvind Kumar Pandey have been granted bail by this Court vide orders dated 03.12.2019 and 23.10.2019 passed in Crl. Misc. Bail Application Nos. 53481 of 2019 and 44493 of 2019. He claims parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 02.01.2019. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail. 4. Learned AGA vehemently opposed the prayer. 5. Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and Another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail. 6. Let the applicant-Rambhawan Nishad involved in Case No. 1975 of 2019 arising out of Case Crime No. 0566 of 2018, under Sections 395, 307, 412, 120B IPC, Police Station Kotwali Hata, District Kushi Nagar be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions: (1) The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release. (2) He will not tamper with the witnesses. (2) He will not tamper with the witnesses. (3) He will not indulge in any illegal activities during the bail period. 7. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 8. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. 9. The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment. 10. The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.